United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1998 NY Rulings > NY C85624 - NY C85698 > NY C85697

Previous Ruling Next Ruling
NY C85697




April 23, 1998

CLA-2-RR:NC:WA:357 C85697

CATEGORY: CLASSIFICATION

Ms. Louisa Lam
Tak Lei Si
Av. Venceslau De Morais 11,
13 Andar B Edif. Ind. Kin Ip
Macau

RE: Classification and country of origin determination for a men's padded, sleeveless jacket; 19 CFR 102.21(c)(4)

Dear Ms. Lam:

This is in reply to your letter dated March 14, 1998, requesting a classification and country of origin determination for a men's padded, sleeveless jacket which will be imported into the United States.

FACTS:

The subject merchandise consists of a sleeveless garment with a shell and lining of woven polyester and nylon fabric respectively, and a nonwoven insulation.

The manufacturing operations for the padded, sleeveless jacket are as follows:

JAPAN

-polyester woven fabric is formed

KOREA

-nylon woven fabric is formed

CHINA

-polyester polyfil is formed

HONG KONG

-polyester lycra is formed

CHINA (PART 1)

-Shell, lining and polyfil are cut into component pieces

1. Quilted the shell fabric and polyfil on back panel 2. (A) Quilted the shell fabric and polyfil on front panel (B) Embroider front panel
(C) Pockets with zippers sewn
3. (A)Collar is sewn
(B)Label sewn on collar
4. Front placket sewn
5. Main label, size label and hanger loop sewn on back panel lining
6. Pocket with zipper sewn on facing of front panel lining 7. Facing is sewn on lining of front panel

MACAU (PART 1)

8. Front and back panels joined at shoulder seam for shell and polyfil
9. Side seam sewn for shell and polyfil
10. Collar sewn on shell and polyfil
11. Country of origin label sewn at neckline 12. Care label and fabric label sewn on side seam

CHINA (PART 2)

13. Front and back panels joined with lining at shoulder seam 14. Side seam joined with lining
15. Shell, polyfil, collar and lining joined 16. Zipper sewn on center front
17. Rib of lycra is sewn on bottom and around armholes 18. Ironing

MACAU (PART 2)

19. Final Inspection
20. Packing

ISSUE:

What are the classification and country of origin of the subject merchandise?

CLASSIFICATION:

The applicable subheading for the padded, sleeveless jacket will be 6201.93.2020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other men's or boys' anoraks, windbreakers and similar articles (including padded, sleeveless jackets) of man-made fibers. The rate of duty will be 16.2 percent ad valorem.

This garment falls within textile category designation 659. The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. On September 5, 1995, Customs published Section 102.21, Customs Regulations, in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin of a textile or apparel product shall be determined by sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21.

Paragraph (c)(1) states that "The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced." As the subject merchandise is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 is inapplicable.

Paragraph (c)(2) states that "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or insular possession in which each of the foreign materials incorporated in that good underwent an applicable change in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of this section:"

Paragraph (e) in pertinent part states that "The following rules shall apply for purposes of determining the country of origin of a textile or apparel product under paragraph (c)(2) of this section":

HTSUS Tariff shift and/or other requirements

6201-6208 If the good consists of two or more component parts, a change to an assembled good of heading 6201 through 6208 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory or insular possession

Accordingly, as the subject merchandise undergoes assembly operations in both China and Macau, it does not qualify as "wholly assembled" in a single country. As such, Section 102.21(c)(2) is inapplicable.

Section 102.21(c)(3) states that, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) of this section":

(i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit; or

(ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.

As the subject merchandise is neither knit, nor wholly assembled in a single country, Section 102.21 (c)(3) is inapplicable.

Section 102.21 (c)(4) states, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single country, territory or insular possession in which the most important assembly or manufacturing process occurred".

In the case of the subject merchandise, the multiple operations performed in China constitute the most important assembly processes. Accordingly, the country of origin of the padded, sleeveless jacket is China.

HOLDING:

The country of origin of the padded, sleeveless jacket is China. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This sections states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: